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US SUPREME COURT TO RULE ON NLRA PREEMPTION OF TORT-BASED SUITS
We frequently confront the issue of whether to institute tort-based suits in state or federal court, on behalf of an employer, seeking to recover damages suffered as a result of picketing, strikes and other activities by labor unions. Currently, that issue sits before the U.S. Supreme … Continue reading
Posted in NLRA, NLRB
| Tagged Damages, Garmon, Labor Unions, NLRA, NLRB, Picketing, Preemption, Strikes, Supreme Court
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Fighting Abuse in the Workplace – NLRB Examines Employee Abusive Conduct Under NLRA Law
Employers often confront situations involving employees’ argumentative, aggressive, and opprobrious conduct during department or other group meetings, evaluations, or disciplinary meetings with supervisors. Even though the employees’ opinions or arguments on the subject matter discussed at those meetings may constitute … Continue reading
Employers May Face Higher Damages in NLRB Cases
In a recent Memorandum to the Regional Offices (September 8, 2021), the General Counsel (“GC”) of the National Labor Relations Board (“Board” or “NLRB”) directs the Regions to seek additional remedies from the Board in unfair labor practice litigation. The … Continue reading
NLRB General Counsel Memorandum Reveals New Enforcement Strategy Affecting All Employers
In her first memorandum as General Counsel, Jennifer Abruzzo laid out a clear agenda for the new enforcement priorities of the National Labor Relations Board (“NLRB”). All unionized and nonunionized private sector employers face the changes that are contemplated in … Continue reading
Scabby Is Protected
In a recent case, the National Labor Relations Board (“NLRB” or “Board”) confronted the issue of whether the display of an inflatable rat (“Scabby”) and banners by a labor union, at the entrance of a neutral site, constituted an unfair … Continue reading
Checking In On The PRO Act
As we previously reported, the Protecting the Right to Organize (“PRO”) Act is pending before Congress. With the Pro Act, House and Senate Democrats seek to amend the National Labor Relations Act. Some of the most significant provisions in the … Continue reading
A Recent Supreme Court Decision Impacts Union Organizing for Agricultural Workers in California
In a 6-3 decision, the United States Supreme Court ruled in favor of two fruit growers who challenged a California state regulation which granted union organizers limited access to agricultural employers’ properties for the purpose of promoting union efforts. The Court’s … Continue reading
Protected Activity or Disloyalty
In a recent case, the National Labor Relations Board (NLRB) Division of Advice addressed the question of whether a grocery store employee posting, on his personal Facebook and Instagram accounts, constituted protected activity for which the employee could not be … Continue reading
Affinity Groups and Labor Laws
Employers should be aware that depending on the circumstances, Employee Resource Groups or diversity, equity, and inclusion groups may be considered labor organizations under the NLRA. Further, employers should avoid the appearance of interfering, dominating, or unlawfully supporting such organizations. To … Continue reading